Dismissed

Santosh Saincher, Secunderabad and Anr. v. Dist Registrar, Hyderabad Dist and 4 Others

Telangana HC2 Aug 2024WP/7812/2013

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking registration of a sale deed. Noting that the document was already registered per an interim order and that the land authention's claim is sub judice in WP No. 19106 of 2010, the Court relied on a prior order to dismiss the current petition without costs.

What did the court decide?

Writ petition disposed of with no further orders required; liberty granted to parties to seek appropriate remedy depending on the outcome of WP No. 19106 of 2010.

Santosh Saincher, Secunderabad and Anr. Vs Dist… — Land Acquisition | Telangana HC (2024)

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t^32ss I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN^KUMAR

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wRIT PETITION NO: 7812 OF 2013

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Between:

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Santosh Saincher, W/o-Prem Saincher, Aged 60^{Yrs, Occ House Wife.}

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Shalini Saincher, D/o.Prem Saincher, Aged^{40 Years' Occ House Wife.} Both Rl/o. Plot No.104, Trimu(hy Colbny,^{tvlahindraHills, Eastltrlaredpally,} SecunCerabad.

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...PETITIONERS

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AND

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1 The District Registrar, Hyderabad District,^HyCerabad.

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2 The Joint Sub Registrar-|, R.0. Red^{Hills, Hyderabad.} 3 The District Collector, Hyderabad District,^Hyderabad-

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4 Govt. of A.P., Rep. by its Principal^{Secretary,Revenue Department,} Secretariat Building, Hyderabad.

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The Tahsitdar, Ivlaredpally lvlandal, Secunderabad.

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...RESPONDENTS

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Petition under Article 226 of the^{constitution of lndiaprayingthat in the} circumstances stated in the affidavit^{filed therewith, the High Court may be} pleased to issue a writ, order or direction, one more^{particularly in the nature of a} Writ of Mandamus declaring the^{action of the 2drespondentin refusingto} register the sale deed dated 20-6-2012^{vide proceedings Refusal No.9i12 dated} 6-3-2013 in respect of the Plot bearing^{No.109 in Sy. No.74l8,admeasuring} 333.33 Sq.Yds., situated at^{East Maredpally,secunderabadas being arbitrary and} illegat and consequently direct^{the 1't and 2nd respondents to register and release} the same after due re4istration

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l.A. NO: 1 OF 2013(WP MP. NO: 9781 OF 2013)

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Petition under Section I 51 cPC praying that in r.he circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd responcient to register the sale deed dated 20-6-2011>- in respect of the petitioners property in PIot No.109, in Sy.No.74lg, adrneasuring 333.33 Sq yds, situated at East Maredpally, secunderabad, pendingl the disposal of the writ petition.

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Counsel for the Petitioners: SRI p. SRI HARSHA REDDY

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Counsel forthe Respondents: AGp FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE HONOURABLE SRTJUSTICE N.V.SHRAVAN KUMAR

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WRIT PETffION No.7812 of 2013

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ORDER:

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Heard tearned counse[ for the petitioner and tearned Assistant Government Pteader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of.

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lt is the case of the petitioner that the Registering Authority^has refused to register the subject document on the ground that the State Government is claiming the subject property as 'Government land'ⁱⁿ LGC No.167 of 1997. Aggrieved by the action of the Registering Authority in not registering the subject document, the^presentwrit petition is fited.

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This Court granted interim order on 15.03.2013, directing^the Registering Authority to receive and^process the subject docurnents, subject to the outcome of WP No.19106 of 2010 fited by the^State Government against the order passed by Special Court under^A.P-Land Grabbing (Prohibition) Act, 1982 in LGC No.167 of 1997.

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Today, when'the matter has been taken up for^{hearing, learned} counset for the petitioner submits that in^pursuance to the^interim order passed by this Court on 15.03.201 3, the Registering^Authority

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have registered the subject property and further submits that in view of interim order passed by this Court no further orders are required to be passed in this Writ petition.

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Learned Assistant Government pteader for Stamps and Registration would submit that the subject matter in this writ petition is squarety covered by the order passed by this (.ourt in Wp No.11653 o( 2013, dated 23.07.2024, and the relevant paragraphs Nos.6 to 9 reads under as under:

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"6. Learned Assistont Government pleoder for Stomps and Registration woutd submit thot counter offidovit hos been fited on behalf of respondent No.Z i.e., District Collector, Hyderobod, ond the Poragroph No.B reods os:

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'lt is submitted thot a comprehensive lond cose wos filed by the then lAondol Revenue Officer, lAorredpo y against the (7) Societies ond as well as some of indivirluat plot owlers of Sy.No.74 of ltorredpolly (Faigoh) villoge in L.G.C, No.167197 in the Spl.Court under L.G1p1 Act, 1982. The Hon'bte Spl.Court, under A.p.L.G.(p) Act dismissed the LGC t1o.167t97 on tB-03-2010. Aggrie,ved by the some, fl" then MRO, ldorredpalty^{-t(andot -fikd} Wp No.19lO6l20lO, before the Hontble High Court ond the some is pending. The Hon,bte Spl.Cwrt clismissed the LGC on.e.rroneot6 grounds without properly apprecioting the evid.ence of Govt. ond os such writ petition'has beeiyiled chollenging the same. Thus the LGC judgment hos not become fino!. Further submitted tiot-the litigation between the parties ond the Govt. hos not reachei to its logical end. tJnder such circumstances it con,t be said that Govt. have lost its claim. As such the interest of Govt. stilt subsrsts. ln view of the above the interest ol Govt. thot subsists in the subject tand wi be jeopardized if this W.P. is allowed. Hence it is liable for dismissol.,

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Learned Assistont Government Pleader^{wouldsubmitthot} subject matter was earlier adiudicated^{by the} $l.Court^under A.P.L.G.(P) Act, t982, vide LGC No.167 of^{1997, however the} said LGC No.167 of 1997 has been^{dismissedon 18.03.2010.} Aggrieved the mme, the tAandal Revenue^{Officer'fubrredpally} lAandal, fited WP No.19106 of 2010^{before this Courtand the} Hon'ble Division Bench has heord^{aid reserved} for^orders.

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Learned Assistant Government^Pleaderwould lurther submit that mony^partieshave filed^{writ petitions on the similar} issue and obtained interim order^{and thereafterthe respondent} authorities have received,^{registered ond releosed tte} documents therein, however fairly^{submits that in mostof the} cases, the resryndent authorities^{have not} filed^counter- affidavit ond the counter'af f^idovit filed^{in this writ petition} may be odopted in all these^{similar pending writ petitions, os} the issue involved in atl^{the pendingwrit petitionsis oneond} the same and proy this Court to^{dispose of all thependingwrit} petitions, gronting liberty to all the concerned^{prtiesto seek} appropriote remedy, subiect^{to the outcomeof the order which} would be^pass in WP No.19106^{of 2010.}

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g. Recording the submission mode^{by the learnedcounsel on} either side and in view of^the fact^{that the subiectdocument is} registered in pursuont to the^{interimorder, this Court deems it} appropriate to disposed of^{the writ petitiongrantinglibertyto} both the^parties to^{seekoppropriate remedy, in accordarcewith} law, subject to the outcome of^{the order which wouldbe poss in} WP No.19106 of 2010, if^so otherwise^aggrieved."

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Learned counsel for the petitioner fairty submits that simitar order may be pass in this writ petition.

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Recording the above submission made by learned counset on either side and in terms of order passed by this (:ourt in Wp No.11653 of 2013 dated 23.07.2024, this writ petition is disposed of granting tiberty to both the parties to seek appropriate r:medy in accordance with [aw, subject to the outcome of the order which woutd be passed in WP No.19106 of ZO1O, if so otherwise aggrieved.

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lt is made clear that mere registration of the document does not confer titte on the subject property and it is also made ctear that this order would not have any bearing on aL( those matters where titte/rights of the parties are pending before the authorities either in revision /appeats for adjudication and in any other case this order atso does not prectude the parties in asserting th,:ir rights before a competent Court of law.

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Accordingty, this writ petition is disposed of. Miscettaneous applications, if any pending, shatt stand closed. No order as to cost.

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To,

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The District Collector, Hyderabad^{District, Hyderabad.} 4. The Principal Secretary, Govt. of A.P., Revenue Department,^Secretariat Building, Hyderabad.

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